Fintan Warfield (Sinn Fein) | Oireachtas source

I welcome the Minister of State, Deputy Halligan, to the House. I welcome these amendments. I note the attendance of the Irish Recorded Music Association, IRMA, and the Irish Copyright Licensing Agency in the Gallery and their interest in the Bill.

I acknowledge that the Minister of State has been furnished with an opinion from the former Attorney General, Mr. Paul Gallagher SC, who pointed out some serious flaws with the text as it currently stands, including breaches of Article 3(2) of the copyright directive 2001, Directive 2001/29/EC, the State's obligation under the WIPO performances and phonographs treaty, Article 26 of the Constitution and Article 17(2) of the EU Charter on Fundamental Rights. Amendment No. 1 will go a substantial way to address those issues. However, amendment No. 2 still remains unclear and somewhat confusing. The supplementary definition in the amendment states: "“2A. The definition of ‘broadcast’ shall not be construed to prejudice the exclusive right under this Act of a person to make a work available by means of a broadcast of the work.”.”." This is unclear for me because while the producers of recordings have an exclusive right in theory under the Act, it is subject to a licence of right, so there is therefore the presumption of a producer to rights over a recording but the Bill also proposes the rights of recording are subject to licence.

Will the Minister of State indicate the intention of amendment No. 2? Has a legal opinion been sought regarding the concerns I have raised. I will not divide the House but I am not sure that amendment No. 2 is necessary from my reading of the opinion. I would like to hear the Minister of State's opinion on amendment No. 2.